Kaur

Kaur v. Ashcroft

Good Law
103 F. App'x 274
United States Court of Appeals for the Ninth CircuitJuly 15, 2004No. 02-71874California293 words

Opinion

Lead Opinion

*275 MEMORANDUM **

Baljinder Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying her application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1005a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997). We review the BIA’s summary dismissal for failure to file a brief to determine whether it was appropriate. Vargas-Garcia v. INS, 287 F.3d 882, 884 (9th Cir.2002). We grant the petition for review.

Contrary to the government’s contention, we have jurisdiction to consider this appeal. The time for filing a petition for review begins to run when the BIA complies with the terms of federal regulations by mailing its decision to the petitioner’s or counsel’s address of record. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258-59 (9th Cir.1996); see also 8 C.F.R. §§ 3.1 (f) (1995); 292.5(a). Here, the record reflects that the BIA did not send its decision to Kaur’s counsel’s last known address. See Martinez-Serrano, 94 F.3d at 1258-59 .

Summary dismissal was not appropriate because Kaur’s Notice of Appeal sufficiently specified her grounds for…

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